Legal Opinion

In re the Accounting of Cole

New York Surrogate's Court

Decided May 12, 1949Published

1Opinion of the Court

Griffiths, S.

In this final accounting proceeding the question is presented as to whether a general legacy to a former employee of testatrix is entitled to priority over other general legacies. By her will dated March 24, 1909, the testatrix made provision for the payment of general legacies in excess of $200,000. By a codicil to her will the amount of the legacy to such employee was increased from $5,000 to $10,000. By a subsequent codicil, dated October 17, 1912, the testatrix provided as follows: “ Second: I order and direct my Executors to pay to my coachman, James Heavey, the sum of…

2Cases cited7 opinions

  1. In Re the Accounting of NelsonNew York Court of Appeals · 1924
  2. In Re the Accounting of SickelsNew York Court of Appeals · 1938
  3. McGoldrick v. BodkinAppellate Division of the Supreme Court of the State of New York · 1910
  4. In re the Judicial Settlement of the Account of Proceedings of LlyodAppellate Division of the Supreme Court of the State of New York · 1915
  5. In re the Final Judicial Settlement of the Account of Proceedings of WennerAppellate Division of the Supreme Court of the State of New York · 1908

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